162 Ill. 2d 224 - People v. Brocksmith’s Empirical Analysis
1994
Citation profile
119 state decisions
How this case has been cited
Cited by 126 later decisions — most recently December 2025 · most notably 238 Ill. 2d 302 - People v. Clendenin (2010), 208 Ill. 2d 309 - People v. Carter (2003)
119 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Strickland v. Washington · Jones v. Barnes · 94 Ill. 2d 437 - People v. Kubat · 104 Ill. 2d 218 - People v. Barnard · 152 Ill. 2d 41 - People v. Ramey
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 126 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The commentary to the American Bar Association’s Standards for Criminal Justice also supports the conclusion that the decision whether to request lesser offense instructions rests with defense counsel. The current third edition overrules the previous edition that allocated the decision to request lesser offense instructions to the defendant. The commentary to the third edition states only that defense counsel must confer with the defendant regarding lesser offense instructions: ‘It is also important in a jury trial for defense counsel to consult fully with the accused about any lesser included offenses the trial court may be willing to submit to the jury.’ ABA Standards for Criminal Justice: Prosecution Function and Defense Function, Standard 4-5.2, Commentary (3d ed. 1993). “The second edition stated that ‘the defendant should be the one to decide whether to seek submission to the jury of lesser included offenses.’ ABA Standards for Criminal Justice: Prosecution Function and Defense Function, Standard 4-5.2, Commentary (2d ed. 1980). The omission of this language from the third edition indicates that under the current standards, the decision whether to submit lesser offense instructions is not a decision for the defendant, but rather for defense counsel after consultation with the defendant. “Recent cases analyzing the effect of this change have concluded that under the current ABA standards, the decision whether to request lesser offense instructions is for defense counsel”
4 later decisions quote this exact passage · from the majority““Because it is defendant’s decision whether to initially plead guilty to a lesser charge, it should also be defendant’s decision to submit an instruction on a lesser charge at the conclusion of the evidence. In both instances the decisions directly relate to the potential loss of liberty on an initially uncharged offense.” Brocksmith, 162 Ill. 2d at 229 , 642 N.E.2d at 1232 .”
4 later decisions quote this exact passage · from the majority““In the present case defense counsel, rather than defendant, made the ultimate decision to tender a lesser included offense instruction on deceptive practices. We believe that this decision ultimately belonged to defendant, and defendant’s conviction must therefore be reversed. Because we base our decision on this ground, we need not consider the appellate court’s finding that the failure to discuss with defendant the statute of limitations on deceptive practices constituted ineffective assistance of counsel. Res judicata prevents defendant from being retried on the charge of theft by deception. Further, remand for a new trial on the charge of deceptive practices would be inconsistent with our findings here. Defendant was improperly subjected to additional criminal liability when defense counsel wrongfully tendered an instruction on deceptive practices without defendant’s consent; remand for a new trial on the charge of deceptive practices would perpetuate that error. The charge of deceptive practices, in any event, is barred by the statute of limitations. Defense counsel’s waiver of the statute of limitations cannot be deemed effective where defense counsel did not have the right to waive the limitation.” Brocksmith, 162 Ill. 2d at 229-30 .”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.